RR, R. v

RR, R. v

The conviction for perverting the course of justice was unsafe because the jury was not properly directed to consider whether the means used by the appellant were unlawful or improper; the directions given equated any attempt to bring the prosecution to an end with perverting the course of justice, which is incorrect in law.

Parties
Applicant: R. R.; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
09 May 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; case remitted to Crown Court for consideration of restraining order.
Legal Topics
Perverting the Course of Justice, Jury Directions, Restraining Orders, Sexual Offences, Appeal Procedure
Criminal Law Procedure Perverting the Course of Justice Jury Directions Restraining Orders Sexual Offences Appeal Procedure

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Parties

R. R.

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in law in directing the jury on the offence of perverting the course of justice
  2. 2 Whether the conviction for perverting the course of justice was unsafe due to inadequate jury directions
  3. 3 Whether the restraining order should remain in force after quashing the conviction

Ratio Decidendi

The conviction for perverting the course of justice was unsafe because the jury was not properly directed to consider whether the means used by the appellant were unlawful or improper; the directions given equated any attempt to bring the prosecution to an end with perverting the course of justice, which is incorrect in law.

Court Disposition

Appeal allowed; conviction quashed; case remitted to Crown Court for consideration of restraining order.

Orders

  • Conviction on count 3 quashed.
  • Case remitted to Crown Court to consider restraining order under section 5A of the Protection from Harassment Act 1997.